DA: Officer who killed man was threatened by stick

SANTA ANA, Calif. 
A police officer was justified in fatally shooting a man on his front yard because the officer believed he was threatening him with a stick, prosecutors said Tuesday.

The Orange County district attorney's office revealed details of its investigation into the shooting death of 20-year-old Julian Alexander, a day after the office announced that Anaheim police Officer Kevin Flanagan would not face charges in Alexander's death.

Flanagan was chasing four juvenile burglary suspects through Alexander's neighborhood early the morning of Oct. 28 when Alexander, a newlywed and father-to-be, came out of his home to investigate the commotion, prosecutors said.

Fearing for his family's safety, Alexander confronted the juveniles with a stick, according to prosecutors.

The wooden stick was about 4 feet long and about 1 1/2 inches thick, with black tape on one end, said Assistant District Attorney David Brent.

One of the juveniles later told prosecutors Flanagan ordered Alexander to put the stick down. The juveniles then ran off and Flanagan and Alexander were left alone in the yard.

When Alexander was about 10 feet away from the officer, Flanagan drew his handgun and again ordered him to drop the stick. When he failed to drop it, Flanagan fired twice at Alexander, killing him, Brent said.

The officer felt the stick "was a potential weapon," Brent said.

Prosecutors said the shooting was justified because Flanagan believed Alexander posed a threat.

The decision not to pursue criminal charges against Flanagan has saddened and angered Alexander's family members, said their attorney, Richard Herman.

"Julian's parents were just shocked by the decision," he told the Orange County Register on Monday. "Their son was innocent. And the use of deadly force was not only uncalled for, it was just wrong."

Alexander's widow has filed a wrongful death lawsuit and his parents have filed a civil rights action against the city of Anaheim for negligent hiring, training and operations that resulted in the shooting death of their son.

The ACLU of Southern California released a statement Tuesday saying it was troubled by the district attorney's decision not to press charges.

"We are very concerned that this questionable officer shooting has not gotten the full and transparent scrutiny that the Alexander family and the public deserve," said Hector Villagra, director of the organization's Orange County office.

Flanagan has returned to routine patrols, Anaheim police have said.

Last year, Flanagan, a 10-year department veteran, received a countywide award for his work recovering stolen vehicles.

"This is a tragic incident and I would like to express my deepest sympathy to the families of everyone involved," Anaheim Police Chief John Welter said in a statement. "Because there is pending litigation, the Anaheim city attorney's office has advised to make no further comments regarding this case."